1.1 	A bill for an act
1.2 	relating to energy; allowing the Public Utilities Commission to issue a certificate 
1.3 	of need for certain advanced nuclear reactors;amending Minnesota Statutes 2022, 
1.4 	section 216B.243, by adding a subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2022, section 216B.243, is amended by adding a subdivision 
1.7 	to read:
1.8 		Subd. 3c.Exception; advanced nuclear reactors. (a) Notwithstanding subdivision 3b, 
1.9 	paragraph (a), the commission may issue a certificate of need for an advanced nuclear reactor 
1.10 	that uses the same technology as an advanced nuclear reactor that has received:
1.11 	(1) a clean energy production tax credit under section 48E of the Internal Revenue Code, 
1.12 	as authorized under the federal Inflation Reduction Act of 2022, Public Law 117-169; or
1.13 	(2) a clean energy investment tax credit under section 45Y of the Internal Revenue Code, 
1.14 	as authorized under the federal Inflation Reduction Act of 2022, Public Law 117-169.
1.15 	(b) For the purposes of this section, "advanced nuclear reactor" means a nuclear-powered 
1.16 	electric generating plant:
1.17 	(1) with a capacity no greater than 300 megawatts;
1.18 	(2) that is built in a factory and shipped intact or in modules;
1.19 	(3) that is capable of being connected to operate with other advanced nuclear reactors; 
1.20 	and
2.1 	(4) whose technology has received initial approval for commercial licensing by the 
2.2 	Nuclear Regulatory Commission after the effective date of this subdivision.

2.3 	EFFECTIVE DATE. This section is effective the day following final enactment.